Candie Yer Herr and Eric Zooves Herr v. Scott R. Halloin, Judge David Borowski and Willshire Quinn Income Fund REIT, Inc.

CourtDistrict Court, E.D. Wisconsin
DecidedOctober 30, 2025
Docket2:25-cv-01518
StatusUnknown

This text of Candie Yer Herr and Eric Zooves Herr v. Scott R. Halloin, Judge David Borowski and Willshire Quinn Income Fund REIT, Inc. (Candie Yer Herr and Eric Zooves Herr v. Scott R. Halloin, Judge David Borowski and Willshire Quinn Income Fund REIT, Inc.) is published on Counsel Stack Legal Research, covering District Court, E.D. Wisconsin primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Candie Yer Herr and Eric Zooves Herr v. Scott R. Halloin, Judge David Borowski and Willshire Quinn Income Fund REIT, Inc., (E.D. Wis. 2025).

Opinion

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF WISCONSIN

CANDIE YER HERR and ERIC ZOOVES HERR,

Plaintiffs, Case No. 25-cv-1518-pp v.

SCOTT R. HALLOIN, JUDGE DAVID BOROWSKI and WILLSHIRE QUINN INCOME FUND REIT, INC.,

Defendants.

ORDER SCREENING COMPLAINT, DENYING MOTION FOR PRELIMINARY HEARING AND TO SEAL CASE (DKT. NO. 4) AND DISMISSING CASE

On October 2, 2025, the plaintiffs—representing themselves—filed a “Non Statutory Petition in Equity” seeking an order enjoining the defendants from violating the automatic stay during the pendency of the plaintiffs’ bankruptcy case. Dkt. No. 1. On October 10, 2025, the court received a letter from the petitioners requesting a preliminary hearing and asking the court to seal the case. Dkt. No. 4. The court will deny the plaintiffs’ request for a preliminary hearing and to seal the case. Because the complaint does not state a claim for relief and amendment would be futile, the court will dismiss the case. I. Screening the Complaint A. Legal Standard The plaintiffs have paid the filing fee. But “district courts have the power to screen complaints filed by all litigants, prisoners and non-prisoners alike, regardless of fee status.” Rowe v. Shake, 196 F.3d 778, 783 (7th Cir. 1999); see also Rezny v. Wis. Dep’t of Fin. Insts., Case No. 22-C-1285, 2022 WL 17551151 at *1 (E.D. Wis. Dec. 9, 2022) (stating that courts are free to screen a complaint for a self-represented plaintiff who has paid the full filing fee under 28 U.S.C.

§1915(e)(2)). The court will exercise that authority here. At the screening stage, the court must decide whether the plaintiff has raised claims that are legally “frivolous or malicious,” that fail to state a claim upon which relief may be granted or that seek monetary relief from a defendant who is immune from such relief. 28 U.S.C. §1915A(b). A document filed by a self-represented litigant must be “liberally construed.” Erickson v. Pardus, 551 U.S. 89, 94 (2007) (citation and internal quotation marks omitted). Similarly, a complaint filed by a self-represented litigant, “however inartfully pleaded, must

be held to less stringent standards than formal pleadings drafted by lawyers.” Id. Even though courts liberally construe their filings, self-represented litigants still must comply with Federal Rule of Civil Procedure 8(a)(2), which requires a complaint to contain a “short and plain statement of the claim showing that the pleader is entitled to relief.” Fed. R. Civ. P. 8(a)(2). To state a claim against the defendants, the complaint must contain allegations that

“‘state a claim to relief that is plausible on its face.’” Ashcroft v. Iqbal, 556 U.S. 662, 663 (2009). “A claim has facial plausibility when the plaintiff pleads factual content that allows the court to draw the reasonable inference that the defendant is liable for the misconduct alleged.” Id. Legal conclusions and conclusory allegations merely reciting the elements of the claim are not entitled to this presumption of truth. Id. at 663–64. B. The Complaint The plaintiffs’ “Non Statutory Petition in Equity for a Mandatory

Injunction and other Equitable Relief Request” is eighteen pages long, dkt. no. 1; the plaintiffs attached 287 pages of exhibits, dkt. no. 1-1. The plaintiffs state that they are seeking a “Non Statutory Petition in Equity for a preliminary and permanent mandatory injunction” against the defendants, who they allege have “engaged in a persistent pattern of conduct” to circumvent the automatic stay during the pendency of the plaintiffs’ bankruptcy case. Dkt. No. 1 at 1. The plaintiffs provide a lengthy summary of litigation in which they have been involved, both on their own behalf and on behalf of Enduring Love

International Center, LLC, a religious organization whose sole member and manager is plaintiff Candie Herr. Id. at 2–7. The plaintiffs state that a default judgment was entered against Enduring Love sometime in late 2022, resulting in further proceedings in state court to enforce the judgment and to garnish Enduring Love’s assets. Id. at 3–4. The plaintiffs assert that defendant Scott Halloin, an attorney, represented the parties seeking to enforce the judgment and that Halloin “threatened” the plaintiffs and their counsel with “sanction[s],

contempt of court and criminal charges.” Id. at 3–5. In late 2024, the plaintiffs sought to vacate the default judgment against Enduring Love, but in March 2025, the state court denied the motion as untimely. Id. at 5. The plaintiffs say that Milwaukee County Circuit Court Judge David Borowski presided over several of these cases. Id. at 3–6. The plaintiffs allege that on May 13, 2024, defendant Wilshire Quinn Income Fund REIT filed a foreclosure action against them related to an October

2022 loan the plaintiffs obtained for Enduring Love’s programs and renovations. Id. at 3, 5. The plaintiffs then filed a voluntary Chapter 7 bankruptcy petition on May 20, 2025. Id. The plaintiffs allege that in June and July 2025, despite the automatic bankruptcy stay, Judge Borowski ordered Candie Herr to appear in the foreclosure proceedings and threatened her with “contempt and jail.” Id. at 6. The plaintiffs allege that Wilshire Quinn since has filed a motion in the bankruptcy case, seeking relief from the automatic stay to continue the foreclosure case. Id.

The plaintiffs allege that they have made “every attempt to obtain remedy at the State Courts” but have been unsuccessful, leaving them “no other choice but to file for Bankruptcy Chapter 7 and seek Equity in Federal courts.” Id. at 7. The plaintiffs argue that they are entitled to “a mandatory injunction against attorneys at law” because the attorneys have violated Article 14, Section 3 of the United States Constitution, which they say attorneys have an oath to uphold. Id. at 7–8. The plaintiffs argue that the defendants have engaged in a

“[p]attern and practice” of constitutional violations “against their oath.” Id. at 8. They argue that the state court judgments against Enduring Love are “void” because they were “obtained through default judgments based on defective service and a demonstrable lack of jurisdiction” and on Halloin’s false statements. Id. The plaintiffs allege that Halloin has made false statements to them and to the courts, threatened them, “project[ed] hate and malice towards plaintiffs”

and brought “unconstitutional criminal allegations and charges” against non- party Kay Yang. Id. The plaintiffs argue that Halloin “will not stop until he harms everyone around [Yang], including the plaintiffs.” Id. The plaintiffs allege that Halloin’s settlement demand letters “are acts of terror” against them and violate their constitutional and religious rights. Id. at 9. The plaintiffs contend that Halloin improperly has created litigation pressure in the bankruptcy court by filing an adversary proceeding against them. Id. The plaintiffs assert that Wilshire Quinn has willfully violated the

automatic stay by filing a motion for relief from the stay and by continuing to litigate the state foreclosure proceedings. Id.

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Candie Yer Herr and Eric Zooves Herr v. Scott R. Halloin, Judge David Borowski and Willshire Quinn Income Fund REIT, Inc., Counsel Stack Legal Research, https://law.counselstack.com/opinion/candie-yer-herr-and-eric-zooves-herr-v-scott-r-halloin-judge-david-wied-2025.